Website Legal Notice

© Copyright JANA Corporation, 2020. All rights reserved. Reproduction, adaptation, or translation without permission is prohibited except as allowed under International copyright laws. All the text, graphics, design, content, and other works are the copyrighted works of JANA Corporation.

 

Terms and Conditions of Use

Welcome to the corporate website of JANA Corporation (“JANA” or the “Company”) www.janacorporation.com (website or site). Your access and use of this site is governed by the following terms and conditions (the “Terms and Conditions”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. The information and materials provided by Company may be used for informational purposes only. By using, accessing or downloading materials from this website you agree to follow the terms and provisions as outlined in this legal notice, which apply to all visits to the Company website, both now and in the future. The Company may at any time revise and update the Terms and Conditions by posting the amended Terms and Conditions on the website, which posting shall constitute notice to you. You are encouraged to periodically visit this page to review the most current Terms and Conditions to which you are bound. By accessing and browsing the website or using the software, you accept, without limitation or qualification, these terms and conditions. If you do not agree to these Terms and Condition of Use, please do not use this website.

Restrictions

You may view, download and copy information and materials available on this website solely in connection with the support of Company's products. As a condition of use, you agree not to modify or revise any of the material in any manner, and to retain all copyright and other proprietary notices as contained in the original materials on any copies of the materials. No other use of the materials or information is authorized. Any violation of the foregoing may result in civil and/or criminal liabilities.

Ownership of Information and Materials

You should assume that everything you see or read on the website is copyrighted unless otherwise noted, and may not be used except as provided in these Terms and Conditions without the prior written permission of the applicable copyright holder. The information and any materials (including white papers, press releases, data sheets, product descriptions, and FAQs) available on or from this website are the copyrighted works of Company (or other third party copyright owners), and any unauthorized use of that information or materials may violate copyright, trademark and other laws.

Any rights not expressly granted herein are reserved.

Trademark Information

Company's trademarks may be used only with written permission from Company. J-DIMP, J-TIMP, Keeper, MegaKeeper, Spotlight, Lantern and jaNaDeTect are trademarks of the Company. All other trademarks, brands, and names are the property of their respective owners. Except as expressly specified in these terms and legal restrictions, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or any proprietary rights of Company or any third party.

Disclaimer

The Company Internet team strives to provide you with useful, accurate, and timely information on this website. Accordingly, Company has attempted to provide accurate information and materials on this website but assumes no responsibility for the accuracy and completeness of the information or materials. Company may change the content of any information or materials available at this website, or to the products described in them, at any time without notice. However, Company makes no commitment to update the information or materials on this website which, as a result, may be out of date. Company assumes no liability or responsibility for any errors or omissions in the content on the website. Information and opinions expressed in bulletin boards or other forums are not necessarily those of Company. Neither Company, nor its officers, directors, employees, agents, distributors, or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on Company's website. Company reserves the right to revise these terms and/or legal restrictions at any time. You are responsible for reviewing this page from time to time to ensure compliance with the then-current terms and legal restrictions because they will be binding on you. Certain provisions of these terms and legal restrictions may be superseded by expressly designated legal notices or terms located on particular pages of this website.

ALL INFORMATION AND MATERIALS AVAILABLE AT THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION ON THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

In addition to the foregoing, Company's liability for damages arising out of, relating to or in any way connected with the website, the relationship of the parties, or the provision or non-provision of goods or services, (whether in contract, tort, or otherwise) shall in no event exceed the greater of CAN$50.00 and the amount paid by you to Company for the most recent online product or service purchased via the website (if applicable). You acknowledge that without your agreement to the limitations contained herein, the fees charged for products or services (or simply being able to view the website) would be higher.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

You agree to indemnify, defend and hold Company and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Indemnified Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) (collectively, "Claims") incurred by any Indemnified Party in connection with any breach by you of these Terms and Conditions. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Company's defense of such claim.

Termination of Use

Company may, in its sole discretion, terminate or suspend your access to all or part of the Company website, including, but not limited to any bulletin boards on its site, for any reason, including without limitation, breach of this agreement. In the event this agreement is terminated, the restrictions regarding materials appearing on the site and the representations and warranties, indemnities, and limitation of liabilities set forth in this agreement shall survive any such termination.

Governing Law; Jurisdiction and Venue

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario exclusive and the federal laws of Canada applicable therein. Any dispute arising out of or relating to the website or these Terms and Conditions, shall be brought in either the Provincial or Federal Courts (as applicable) located in Ontario, and you expressly consent to the non-exclusive jurisdiction of said courts.

General Provisions

If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and Company concerning your use of the site, and the agreement shall not be modified, except in writing, signed by both parties. If you have questions regarding Company's Terms and Conditions, please email: info@janacorporation.com. To review Company's Privacy Policy, click here.